Board Can Decide Specs For Hurricane Shutters

MARK BOGEN CONDO & HOMEOWNER LAW

February 5, 2006|MARK BOGEN

Q. Our condo association has never had a policy or rules regarding hurricane shutters. With hurricane season starting in four months, many owners are trying to get shutters for their units. In the past, the board has always told the owners to do what they want. We now have a new board whose directors tell us the type and color of shutters that we can have. Does the board have this authority?

A. Each board of administration shall adopt hurricane shutter specifications for each building within each condominium operated by the association, which shall include color, style and other factors deemed relevant by the board. All specifications adopted by the board shall comply with the applicable building code.

Q. Last week you were asked a question regarding a condo's obligation to seek bids. While you answered the it, you failed to provide the exceptions provided in the law. Can you please provide the exceptions?

A. Condo associations with fewer than 100 units may opt out of the requirements for bids, if two-thirds of the unit owners vote to do so. Furthermore, contracts between the association and its attorney, accountant, architect, community association manager, engineer, landscape architect, timeshare management firm and employees of the association are subject to the requirement to obtain bids. Last, if the contract price does not exceed 5 percent of the annual budget, including reserves, of the association, bids are not required.

Q. I would like to receive a financial report from 2005. Are we entitled to this and, if so, when are we supposed to receive it?

A. Yes, you are entitled to receive it. Florida law requires that within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws, the association shall prepare and complete, or contract for the preparation and completion of, a financial report for the preceding fiscal year.

FOR THE RECORD - CORRECTION PUBLISHED SUNDAY, FEBRUARY 12, 2006.The Condo & Homeowner Law column inside Community News on Feb. 5 incorrectly reported information about exceptions to the requirements for competitive bids. The law states that contracts between a condominium association and its attorney, accountant, architect, community association manager, engineer, landscape architect, timeshare management firm and employees of the association are not subject to the requirement to obtain bids.

Within 21 days after the final financial report is completed by the association or received from the third party, but not later than 120 days after the end of the fiscal year or other date as provided in the bylaws, the association shall mail to each unit owner at the address last furnished to the association by the unit owner, or hand deliver to each unit owner, a copy of the financial report or a notice that a copy of the financial report will be mailed or hand delivered to the unit owner, without charge, upon receipt of a written request from the unit owner.

Mark Bogen is a lawyer based in Boca Raton. The volume of mail doesn't allow him to answer questions individually. He addresses the most requested issues in this column, which runs every Sunday in Community News. You can e-mail him at mbogen@floridacoalition.com or fax at 561-272-3189. Letters should be addressed to Mark Bogen, c/o South Florida Sun-Sentinel, 333 SW 12th Ave., Deerfield Beach FL 33442. See this and previous columns at sun-sentinel.com/condolaw.